Common use of Patent Review Clause in Contracts

Patent Review. (a) Xxxx shall use commercially reasonable efforts to obtain a review and analysis by Xxxx’x outside patent counsel of the validity and/or enforceability of the Listed Patents for the Product, and Corium’s formulation and technology proposed to be used to manufacture the Products, and recommended measures to avoid infringement of such patents and other patents in the field. If Xxxx’x outside patent counsel is unable to recommend measures to avoid infringement or Corium is unable to make such a change to the Product, as determined by Xxxx in Xxxx’x sole discretion, Xxxx may terminate this Agreement pursuant to Section 13.2(d) herein.

Patent Review. (a) Xxxx shall use commercially reasonable efforts to obtain a review and analysis by Xxxx’x outside patent counsel of the validity and/or enforceability of the Listed Patents for the ProductProducts, and Corium’s formulation and technology proposed to be used to manufacture the Products, and recommended measures to avoid infringement of such patents and other patents in the field. If Xxxx’x outside patent counsel is unable to recommend measures to avoid infringement or Corium is unable to make such a change to the Product, as determined by Xxxx in Xxxx’x sole discretion, Xxxx may terminate this Agreement pursuant to Section 13.2(d14.2(d) herein.